ABSTRACT
Civil Procedure Rules, and taking account of the overriding objective, it might be proper ‘to stop
a case when it becomes clear that the claimants, if succeeding on liability could only recover
nominal damages. The court must avoid incurring unnecessary costs and taking up a
disproportionate amount of the court time’. On this basis, a claimant who appears unlikely to
recover substantial damages for a breach of contract faces having his claim thrown out at an
interlocutory stage. A claim for breach of contract sounding only in nominal damages will, in
practice, not constitute a recognised cause of action.
